US Protest Law Tracker

The US Protest Law Tracker, part of ICNL’s US Program, follows initiatives at the state and federal level since November 2016 that restrict the right to protest. For information about our methodology, click here.

Type

Imposes a new fine on any person who intentionally, knowingly, or recklessly obstructs a public highway or street – including in the course of a protest – and in doing so interferes with an emergency vehicle’s access to or through the highway or street. “Emergency vehicle” is broadly defined as “any vehicle of a governmental department or public service corporation when responding to an emergency,” a police or fire department vehicle, or an ambulance. Unlawful obstruction of a street or highway was already a Class C misdemeanor subject to up to 30 days in jail; the law adds a $200 fine to the penalty. Sponsors made clear that the law was aimed at protests that obstructed highways. (See full text of bill here)

Would have provided civil immunity for a motorist who injures a protester who was blocking traffic in a public right-of-way if the driver was exercising “due care.” The bill, introduced in both the Tennessee House of Representatives and Senate, does not eliminate liability if the driver’s actions were “willful or wanton.” (See full text of bill here)